Under Iowa law, accusations that would commonly be called rape or sexual assault are called "Sexual Abuse" under the law. Any sexual abuse charge is extremely serious, and all may result in prison time and hefty fines. Many will also lead to you being required to register as a sex offender, where anyone with internet access can see your conviction. Others may lead to life imprisonment.

Des Moines Sexual Abuse Lawyer

An experienced Des Moines sexual abuse lawyer from McCarthy & Hamrock, P.C. can take on the charges against you, no matter how tough the fight. Sexual abuse charges can be a difficult matter, with tremendous prejudice from the jury. We have nearly 50 years worth of experience in the criminal courtroom. We will seek to overcome that prejudice while exposing the false accusations and exaggerated claims in the case against you. Call us today at (888) 317-4978 to set up a consultation.

We represent those accused of sexual assault throughout the Des Moines area, including in West Des Moines, Urbandale, Ankeny and anywhere in Polk County, Dallas County or the state of Iowa.

Defining Sexual Abuse in Iowa Law

Statutes on sexual abuse are in Iowa Code Chapter 709. Iowa Code 709.1 defines sexual abuse as any sex act that is performed against the will of one of the people involved, whether that person refused consent, gave it only after threat of force or was unable to give it because the victim was drugged, drunk, unconscious, had mental disability or illness, was physically disabled to the point that he or she could not give consent, or was a child.

There are three "degrees" of sexual abuse:

First degree sexual abuse covers any charge where it is alleged that a serious injury occurred due to the sexual assault.

Second degree sexual abuse includes any incident in which the accused displays a dangerous weapon or threatens serious bodily harm or death. It may also include allegations in which the victim is younger than 12, or when a person is alleged to have aided or abetted the rape, including instances of "gang rape."

Third degree sexual abuse covers any other forceful sex act or a sex act where the victim was unable to give consent, such as if the person had a mental disability or was drugged and the accused allegedly knew or should have known. It also includes incidents in which the victim is 12 or 13 years old, or when the victim is 14 or 15 and the accused is related, in a position of authority or a member of the same household.

Punishments and Registering as a Sex Offender in Des Moines

If convicted of first degree sexual abuse, a Class A felony, you could spend the rest of your life in prison without chance of parole. If convicted of second degree sexual abuse, you could face up to 25 years in prison. For third degree sexual abuse, you will face up to 10 years in prison and a fine from $1,000 to $10,000.

Additionally, if the crime involved any act of violence or a minor, you would be required to register as a sex offender. You will be in the public sex offender database, where anyone with internet access can look up sex offenders near them or by name, and see a photo, description, address, and details of the crime.

Regardless of the degree, a sexual assault conviction will dramatically impact your life. It will be on your permanent criminal record, and affect your prospects for jobs, housing, loans and other opportunities. People are frightened of rapists, and that's what they will think when they see your record.

Sexual abuse charges are often based on false claims. A person may lie because he or she is embarrassed of a drunken encounter, or to explain away adultery. Exaggerated claims also come into play, and small details can make the difference between a legal sexual encounter and sexual assault. Your Des Moines sex crime lawyer can expose the falsehoods in the claims against you.

McCarthy & Hamrock, P.C. | Polk County Sexual Assault Attorney

If you face charges of sexual abuse, it's important to act now so your Des Moines sexual abuse lawyer can begin building your defense. Our criminal defense attorneys at McCarthy & Hamrock, P.C. have more than four decades of experience taking on tough cases. We will put that experience to work for you in your case. Call us today at (888) 317-4978 for a free consultation.

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This website was created by McCarthy & Hamrock solely for general information purposes. It should not be construed as legal advice for any situation. Only a licensed Iowa lawyer can provide you with official legal counsel.